DOCSLIB.ORG

Rule-Breaking and Legitimacy: a Failure of Artful Navigation?

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Rule-Breaking and Legitimacy: a Failure of Artful Navigation? International Journal of Entrepreneurial Behavior & Research Rule-breaking and legitimacy: a failure of artful navigation? Lorraine Warren Robert Smith Article information: To cite this document: Lorraine Warren Robert Smith , (2015),"Rule-breaking and legitimacy: a failure of artful navigation?", International Journal of Entrepreneurial Behavior & Research, Vol. 21 Iss 2 pp. 243 - 262 Permanent link to this document: http://dx.doi.org/10.1108/IJEBR-03-2014-0052 Downloaded on: 22 June 2016, At: 07:36 (PT) References: this document contains references to 80 other documents. To copy this document: [email protected] The fulltext of this document has been downloaded 195 times since 2015* Users who downloaded this article also downloaded: (2015),"Self-employment, the informal economy and the marginalisation thesis: Some evidence from the European Union", International Journal of Entrepreneurial Behaviour & Research, Vol. 21 Iss 2 pp. 224-242 http://dx.doi.org/10.1108/IJEBR-10-2014-0184 (2015),"The legitimacy of entrepreneurial mentoring", International Journal of Entrepreneurial Behaviour & Research, Vol. 21 Iss 2 pp. 263-280 http://dx.doi.org/10.1108/IJEBR-05-2014-0089 (2015),"Entrepreneurs’ network evolution – the relevance of cognitive social capital", International Journal of Entrepreneurial Behaviour & Research, Vol. 21 Iss 2 pp. 197-223 http:// dx.doi.org/10.1108/IJEBR-09-2013-0147 Int Jrnl of Ent Behav & Res 2015.21:243-262. Access to this document was granted through an Emerald subscription provided by emerald- srm:115374 [] For Authors If you would like to write for this, or any other Emerald publication, then please use our Emerald for Authors service information about how to choose which publication to write for and submission guidelines are available for all. Please visit www.emeraldinsight.com/authors for more information. About Emerald www.emeraldinsight.com Emerald is a global publisher linking research and practice to the benefit of society. The company manages a portfolio of more than 290 journals and over 2,350 books and book series volumes, as well as providing an extensive range of online products and additional customer resources and services. Emerald is both COUNTER 4 and TRANSFER compliant. The organization is a partner of the Committee on Publication Ethics (COPE) and also works with Portico and the LOCKSS initiative for digital archive preservation. *Related content and download information correct at time of download. The current issue and full text archive of this journal is available on Emerald Insight at: www.emeraldinsight.com/1355-2554.htm Rule-breaking Rule-breaking and legitimacy: and legitimacy a failure of artful navigation? Lorraine Warren Management School, University of Southampton, 243 Highfield, Southampton, UK, and Robert Smith Received 25 March 2014 Aberdeen Business School, Robert Gordon University, Aberdeen, UK Revised 4 August 2014 18 October 2014 30 November 2014 Accepted 2 December 2014 Abstract Purpose – The purpose of this paper is to critically examine the tension between rule-breaking and legitimacy for entrepreneurs, who are expected to challenge and change social or business norms. In doing so, they may be presented as heroes in the media, or alternatively, are cast out as villains with attendant negative press with consequent loss of legitimacy. Design/methodology/approach – Through secondary data methods, the paper analyses the case of Vance Miller, an entrepreneur from the North of England who has achieved economic success amid reports of alleged criminality and poor ethical behaviour. Thus he spans rule-breaking and legitimacy. Findings – The paper illustrates how rule-breaking directed towards demonstrable entrepreneurial achievement does not always result in media legitimacy. Miller’s storyline both chimes with and clashes with the discourse of the enterprise culture, providing a cautionary note for aspirant entrepreneurs. Research limitations/implications – The hero-villain paradox remains relatively unexplored in the media, and thus further qualitative research is required, particularly for aspirant entrepreneurs with controversial or criminal backgrounds. Practical implications – Entrepreneurs should question carefully the extent and potential consequences of rule breaking in regard to legitimacy. Social implications – The paper highlights and indeed questions the role of the media in their representations of entrepreneurship, and challenges the valorisation of rule-breaking behaviour by entrepreneurs. Originality/value – The paper makes a distinctive contribution to the literature by examining the relation between rule-breaking and legitimacy for an entrepreneur who is represented negatively in Int Jrnl of Ent Behav & Res 2015.21:243-262. the media, yet remains successful, counter to the heroic stereotype. Keywords Entrepreneurship, Enterprise culture, Media, Criminality, Rule breaking, Vance Miller Paper type Research paper Introduction There is growing recognition of entrepreneurship as a process that takes place in a social and cultural context, where the interests of the individual entrepreneur, the firm, and a wider range of societal stakeholders are intertwined (Steyaert, 2007; Baron and Shane, 2007; Kuratko, 2008; Welter, 2011). In this context, notions of legitimacy, reputation and ethical behaviour have been argued by some as crucial for the overall success of a growing entrepreneurial endeavour (Lounsbury and Glynn, 2001; Downing, 2005; Jones et al., 2008). Yet entrepreneurs can court controversy when challenging established orthodoxies, particularly where rule-breaking takes place (Panaviotopoulous, 1996; Smith, 2005; Warren, 2007; Brenkert, 2009; Anderson and Warren, 2011), which can raise questions over the ethics of entrepreneurial behaviour. Perceived rule-breaking can also International Journal of “ ” Entrepreneurial Behavior & present dilemmas for the media, who often portray entrepreneurs in an heroic light, as Research Vol. 21 No. 2, 2015 validated societal change agents (Nicholson and Anderson, 2005). pp. 243-262 In this paper we seek to make a distinction between entrepreneurial legitimation © Emerald Group Publishing Limited 1355-2554 within sectoral and local business institutions and moral legitimacy. Most of the DOI 10.1108/IJEBR-03-2014-0052 IJEBR current literature is situated in the former. Moreover, we situate both within a 21,2 specific socio-cultural and legal framework. We thus distinguish between the more generic entrepreneurial legitimation and differentially identifiable specific socio-cultural normative legitimation (or demonisation). We do so by analysing the case of Vance Miller, a successful businessman and entrepreneur from an industrial town in the North of England (and thus a sectoral institution). Miller is chosen for 244 this study because he has attracted controversy in the media. Reports of considerable economic success are intertwined with themes of alleged criminality[1] and poor ethical behaviour. Our study is useful because Harris et al. (2009) refer to the entrepreneur stereotype, remarking that “whereas much can be said for not breaking certain rules (such as moral or legal ones), the entrepreneur is often mythologized as a bold, path breaking maverick” and asks how to reconcile these opposing concepts into an “ethics of entrepreneurship”. Not all entrepreneurial rule-breaking is legal or moral though and nor is it is always perceived as heroic (Williams and Nadin, 2010). For example, Williams and Nadin review the significance of informal, or “off the books” entrepreneurship, where economic activity takes place “under the radar” for tax or benefit purposes. There have also been conflations of the entrepreneur with “spiv” or “wide-boy” stereotypes) who often overstep the boundaries of legality (e.g. Kimmell, 1993; Duarte, 2006). Further, there are studies of entrepreneurship that is practiced through outright criminality (Rehn and Taalas, 2004; Bouchard and Dion, 2009; Frith and McElwee, 2008a, b; Smith and Christou, 2009). Finally, there are numerous examples of high profile entrepreneurs with businesses that seem successful and legitimate, at least for a time, but who “fall from grace” (Smith and McElwee, 2011; Warren, 2007) for business-related wrongdoing, with great media attention. Such entrepreneurs navigate a fine line between villainy and heroism in the media, their reputation depending upon how their behaviour is perceived in regard to norms in their social milieu. Takafumie Horie for example, was the “poster boy” for Japanese internet entrepreneurship, until he expanded into too many areas and was prosecuted in a well-documented case of securities fraud, Int Jrnl of Ent Behav & Res 2015.21:243-262. amid rumours that he had aggravated the powerful and conservative Japanese business establishment (Warren, 2007). Of course, many would-be entrepreneurs fail with little fanfare, as there is not much of a market for discouraging stories. Yet some failures, like those of Horie, receive great attention, perhaps because as Smith and McElwee (2011) and Smith and Anderson (2004) suggest, they can be rewritten as epic tales of tragedy, which might well attract readers. Whatever the reason, study of such cases can give us insight into the nature of rule-breaking behaviour and its fit with the mythology of entrepreneurship. Although there are some isolated studies of the link between ethics, entrepreneurship and crime (see Everett et al., 2006; Heath, 2008; Breit, 2010), thus far the tension
Load more

Recommended publications
  • Katherine Blackwell QC
    Katherine Blackwell QC Call to the Bar: 1992 Silk Year: 2012 "A brilliant tactician." "She's just fantastic; she's very robust, very tenacious, and superbly charming. Has a very attractive advocacy style.” Chambers and Partners 2020 ‘A silk truly at the top of her game’ Legal 500 2020 'Barrister of the Year' – Manchester Legal Awards, 2019 CONTACT DETAILS "At the top of her game. One of the best cross-examiners on the circuit. Her trial strategy Email: is second to none." – Chambers & Partners, 2019 [email protected] “Her speeches are pure genius.” – Legal 500, 2018 Telephone: "She is a joy to instruct and is the silk you want in your corner when things get tough. 0161 832 5701 One of the best cross-examiners on circuit and pure class all round." "She is magnificent in court from start to finish; it is a pleasure to watch such skilled advocacy." – PRACTICE AREAS Chambers & Partners, 2018 Inquiries & Inquests "A Master Tactician." – Legal 500, 2017 Criminal Law 'Barrister of the Year' – Manchester Legal Awards, 2017 Business Crime & Financial Regulation "Regularly appears in complex white-collar and serious fraud cases, with noted Regulatory experience in corruption and money laundering. She is also well known for her work Professional Discipline on high-profile sexual offences, acting for both the prosecution and defence... She does high-profile work. She's very hard-working and committed to her clients." – Licensing Chambers & Partners, 2017 PROFESSIONAL APPOINTMENTS ''Possibly the best crime silk on circuit; she has exceptional judgement and is an Appointed as Crown Court Recorder outstanding trial advocate'' – Legal 500, 2016 in 2009 “This criminal law specialist receives high praise from solicitors for her strong practice Appointed as Queens Counsel in 2012 and advocacy skills.
    [Show full text]
  • Katherine Blackwell Q.C. [email protected] Call to the Bar : 1992
    KATHERINE BLACKWELL Q.C. [email protected] CALL TO THE BAR : 1992 OVERVIEW Murders and people trafficking feature highly on Kate Blackwell's work roster. Chambers & Partners 2012. "Kate Blackwell handles the most serious criminal offences and impresses observers with her very hands-on approach. She is hugely responsive and I can call her any time of the day". Chambers & Partners 2011. As far back as 2003 the Chambers Legal Guide identified Kate as a “leader in crime”. She has been consistently recommended for serious and business crime since that time. Kate is a criminal law specialist who was called to the bar in 1992. Since then her practice has successfully developed into the areas of white collar and serious crime, both prosecuting and defending. She was one of the most junior members of the Northern Circuit to be awarded “Category 4 Prosecutor” status. She has appeared in some of the most high profile cases on circuit and has also gained much large fraud case experience. She has been on the Attorney-General "A” list for many years. She is instructed by leading Fraud Panel Solicitors nationwide in commercial fraud cases. Her reputation for serious and complex cases includes a respect for her judgement and skill. Kate was appointed a Crown Court Recorder in 2009 and took silk in 2012. Kate regularly presents lectures and seminars on all aspects of serious crime, fraud, regulatory crime and health and safety law (including corporate manslaughter). She is also involved in advising the Health and Safety Executive on evidence gathering and case preparation.
    [Show full text]
  • List of Shareholders [Microform]
    IMAGE EVALUATION TEST TARGET (MT-3) lis 112.5 1.0 - IM I.I 1.25 CIHM/ICMH CIHM/ICMH Microfiche Collection de Series. microfiches. Canadian Institute for Historical Microreproductions Institut canadien de microreproductions historiques 1980 Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best L'Institut a microfilm^ le meilleur exemplaire original copy available for filming. Features of this qu'il lui a 6t6 possible de se procurer. Les details copy which may be bibliographically unique, de cet exemplaire qui sont peut-dtre uniques du which may alter any of the images in the point de vue bibliographique, qui peuvent modifier reproduction, or which may significantly change une image reproduite, ou qui peuvent exiger une the usual method of filming, are checked below. modification dans la mdthode normale de filmage sont indiqu6s ci-dessous. Coloured covers/ Coloured pages/ D Couverture de couleur Pages de couleur Covers damaged/ Pages damaged/ I I Couverture endommagde D Pages endommag^es Covers restored and/or laminated/ Pages restored and/or laminated/ D Couverture restaurde et/ou pelliculde D Pages restaur6es et/ou pellicul^es Cover title missing/ Pages discoloured, stained or foxed/ D Le titre de couverture manque D Pages ddcolordes, tachetdes ou piqu^es Coloured maps/ Pages detached/ D Cartes gdographiques en couleur D Pages d^tach^es Coloured ink (i.e. other than blue or black)/ r^^/Showthrough/ D Encre de couleur (i.e. autre que bleue ou noire) I \ Transparence Coloured
    [Show full text]
  • Miscellanies, Relating to Lancashire and Cheshire
    This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world’s books discoverable online. It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that’s often difficult to discover. Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book’s long journey from the publisher to a library and finally to you. Usage guidelines Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to prevent abuse by commercial parties, including placing technical restrictions on automated querying. We also ask that you: + Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for personal, non-commercial purposes. + Refrain from automated querying Do not send automated queries of any sort to Google’s system: If you are conducting research on machine translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us.
    [Show full text]
  • Oldham Borough Council Council Meeting 21St April 2010
    Oldham Borough Council Council Meeting 21st April 2010 COUNCIL 03/02/2010 at 18:00 PRESENT The Mayor (Councillor McArdle) Councillors: Akhtar, Alcock, Ali, Barker, Barrow, Bashforth, Ball, Beeley, Bell, Blyth, Buckley, Butterworth, Chadderton, Dawson, Dean, J Dillon, P Dillon, Dinoff, Heffernan, Hibbert, Hindle, Holley, Hudson, E Hulme, J Hulme, Hussain, Iqbal, Jabbar, Judge, Knowles, Knox, Larkin, Lord, Martin, Masud, McCann, McClaren, McMahon, Miah, Pendlebury, Quinn, Qumer, Rogers, Roughley, Salamat, Sedgwick, D Shaw, G Shaw, Stanton, Sykes, Thompson, Uddin, Ur Rehman, Wheeler, Williamson, Wingate and Wrigglesworth Apologies for absence had been received from Councillors D Jones and J Jones. Item 2 URGENT BUSINESS There was no urgent business. Item 3 DECLARATIONS OF INTEREST Councillor Hindle declared a personal interest in relation to item 12 (Cabinet question time - specifically the question in relation to the proposed housing stock transfer), as his wife was an employee of First Choice Homes Oldham. Councillor Dean declared a personal and prejudicial interest in relation to item 13 (minutes of the meetings of Cabinet on 9 and 23 December 2009 - specifically item nine of the minutes of 23 December) but did not state the reason. He left the meeting during this item's consideration. Councillor J Dillon declared a personal interest in relation to item 17, but did not state the reason. Item 4 MINUTES OF THE MEETING HELD ON 16 10010174 DECEMBER 2009 RESOLVED 1. The minutes of the meeting held on 16 December 2009 be approved as a correct record, subject to Councillor Wingate seconding the amendment to the motion on unclaimed benefits in Oldham, instead of Councillor Dawson.
    [Show full text]
  • Oldham Borough Council Council Meeting Wednesday 2 February 2011
    Oldham Borough Council Council Meeting Wednesday 2 February 2011 OLDHAM BOROUGH COUNCIL To: ALL MEMBERS OF OLDHAM BOROUGH COUNCIL, CIVIC CENTRE, OLDHAM Tuesday, 25 January 2011 You are hereby summoned to attend a meeting of the Council which will be held on Wednesday 2 February 2011 at 6.00 pm in the Council Chamber, Civic Centre, for the following purposes: 1 To receive apologies for absence. 2 To order that the Minutes of the meeting of the Council held on 15th December 2010 be signed as a correct record. (Pages 1 - 54) 3 To receive declarations of interest in any matter to be determined at the meeting. 4 To deal with matters which the Mayor considers to be urgent business. 5 To receive communications relating to the business of the Council. To receive a presentation from representatives of Oldham Youth Council. 6 To note petitions received relating to the business of the Council. (Pages 55 - 56) 7 To deal with any topical issues agreed by the Mayor 8 To receive and consider questions and related comments from residents of the Borough about any matters relevant to the functions of the Council (time limit 20 minutes). 9 Outstanding Business from the last meeting (time limit 20 minutes). This Council regrets the proposed cuts in Disability Living Allowances which will make disabled people living in residential homes worse off by an average of £33 per week. This Council resolves to write to our 3 MPs requesting they lobby Mr Iain Duncan Smith the Secretary of State at the Department of Work and Pensions asking him to reconsider this proposal which will isolate these vulnerable people who presently use this money to get out to take part in activities.
    [Show full text]